Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Delaware enjoy the same legal protections as heterosexuals. Same-sex sexual activity is legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples in Delaware, granting them the "rights, benefits, protections, and responsibilities" of married persons.[1] The state legalized same-sex marriage on May 7, 2013. The same-sex marriage law went into effect on July 1, 2013.

In March 2011, state senators David P. Sokola and Melanie George introduced a bill to create civil unions in Delaware.[3] Governor Jack Markell signed the legislation on May 11, 2011, and it took effect on January 1, 2012.[4] In 2012, Delaware issued at least 565 civil union licenses, much higher than advocates had anticipated.[5]

In March 2012, Markell said he thought that the legalization of same-sex marriage in Delaware was "inevitable" and would be passed "probably within the next few years".[6] In September, Rep. Pete Schwartzkopf said he expected the General Assembly to vote on same-sex marriage in 2013 and that he would support it, but was uncertain of the legislation's prospects.[7] A bill to allow same-sex marriage and convert civil unions to marriages passed the Delaware House by a vote of 23 to 18 on April 23.[8] The Senate approved it by a vote of 12 to 9 on May 7,[9] and that same day the Governor signed the legislation, which went effect July 1, 2013.[10]

In February 2011, a Public Policy Polling survey found that 48% of Delaware voters supported the legalization of same-sex marriage, while 47% were opposed and 5% percent were not sure.[11] March 6, 2011, poll by Lake Research Partners showed that 62% in Delaware favor allowing same-sex couples to form civil unions, while 31% were opposed, and 7% were not sure.[12]

A February 2013 poll, conducted by Global Strategy Group, found that 54% of likely voters supported same-sex marriage, 37% were opposed and 8 percent didn’t know or declined to answer the question.[13][14]

Delaware law permits any unmarried adult or married couple to petition a court for adoption of a child. The first second-parent adoption involving a same-sex couple occurred in October 2001.[15] Since January 2012, same-sex couples in a civil union or marriage have the same adoption rights as opposite-sex couples.[1][16]

Since 2001, Delaware has imposed additional penalties for committing a violent crime motivated by the victim's actual or perceived sexual orientation. Since 2013, Delaware has imposed additional penalties for committing a violent crime motivated by the victim's actual or perceived gender identity.

Bill SB 97 that prohibits hate crimes on the basis of actual or perceived gender identity passed the Senate by a vote of 11-7 on June 6, 2013.[17] The House committee passed the legislation by a vote of 4-1 and on June 18, the House floor passed SB 97 by a vote of 24-17 with amendments (which means SB 97 must go back to the Senate for final approval). The Senate approved the amendments by a vote of 11-9[18][19][20] and then a day later SB 97 was signed into law by the Governor[21] - SB 97 went into effect immediately.[22][23][24]

Since 2009, Delaware law has prohibited discrimination on the basis of actual or perceived sexual orientation in employment, housing, public accommodations, and other areas.[26] Since 2013, Delaware law has prohibited discrimination on the basis of actual or perceived gender identity in employment, housing, public accommodations, and other areas.

Gov. Jack Markell issued an executive order on August 11, 2009, that protects employees of state's executive branch departments and agencies from discrimination on the basis of sexual orientation or gender identity.[27][28]

Bill SB 97 that prohibits discrimination on the basis of actual or perceived gender identity passed the Senate by a vote of 11-7 on June 6, 2013.[17] The House committee passed the legislation by a vote of 4-1 and on June 18, the House floor passed SB 97 by a vote of 24-17 with amendments (which means SB 97 must go back to the Senate for final approval). The Senate approved the amendments by a vote of 11-9[18][19][20] and then a day later SB 97 was signed into law by the Governor[21] - SB 97 went into effect immediately.[22][23][24]